Calendars

Memo

BILL NUMBER:S4723B

TITLE OF BILL: An act directing the education department to issue certain state aid to the Central Islip union free school district for certain capital construction projects

PURPOSE OR GENERAL IDEA OF BILL: This bill would direct the education department to consider plans submitted for seven specified construction projects to have been submitted .in a timely manner and to review such plans and specifications. If approved, the costs for the projects shall be deemed valid and the amount shall be paid to the school district.

SUMMARY OF PROVISIONS: Sections One and Two direct the Department of Education to review plans for seven specific building projects throughout the Central Islip union free school district, and to disburse state reimbursement to the school district for the costs incurred despite any failure to comply with the filing deadline for the final building cost reports upon which approval of such projects was contingent. Section Three is the effective date.

JUSTIFICATION: In order for a school to operate at an efficient level to educate our children, the school structures must be safe and reliable. This requires constant upkeep and maintenance, the funding for which schools rely greatly upon the State Department of Education to provide. The Central Islip union free school district undertook eight general construction products to expand classrooms and make additions and alterations to all eight of their school buildings. The school district was approved for funding to undertake this construction, contingent upon their submission of final building cost reports which were due in June of 2006. Because of office transitions during the time period that the reports came due they were not filed on time. Upon discovery of the unfiled reports, the school district was diligent in filing the reports at that time. Unfortunately, the reports were filed two years late and the State education department denied the school district funding for the already completed products, demanding that the school district repay any monies already received for these projects. This legislation would direct the Education Department to consider these projects as though the final building cost reports had been submitted in a timely manner.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________
4723--B
Cal. No. 730
2011-2012 Regular Sessions
IN SENATE
April 15, 2011
___________

Introduced by Sen. ZELDIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- reported favorably from said committee, ordered
to first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT directing the education department to issue certain state aid to
the Central Islip union free school district for certain capital
construction projects
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby finds that the
Central Islip Union Free School District approved several capital
improvement projects which were designated by the State Education
Department as project numbers 0002-006, 0003-008, 0005-007, 0006-005,
0007-006, 0008-007 and 0004-005. In addition, the projects were eligi-
ble for certain state aid. The legislature further finds that due to
ministerial error, required filings for eligibility for such aid were
not made by the district in a timely manner making the district ineligi-
ble for certain aid. The legislature further finds that without such
aid, the capital improvement projects will impose an additional, unan-
ticipated hardship on district taxpayers.
S 2. All the acts done and proceedings heretofore had and taken or
caused to be had and taken by the Central Islip Union Free School
District and by all its officers or agents relating to or in connection
with certain final cost reports to be filed with the state education
department for projects 0002-006, 0003-008, 0005-007, 0006-005,
0007-006, 0008-007 and 0004-005, and all acts incidental thereto, are
hereby legalized, validated, ratified and confirmed, notwithstanding any
failure to comply with the approval and filing provisions of the educa-
tion law or any other law or any other statutory authority, rule or

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10901-05-1

S. 4723--B 2

regulation, in relation to any omissions, error, defect, irregularity or
illegality in such proceedings had and taken and provided further that
any amount due and payable to the Central Islip Union Free School
District for school years prior to the 2012--2013 school year as a
result of this act shall be paid pursuant to the provisions of paragraph
c of subdivision 5 of section 3604 of the education law.
S 3. The education department is hereby directed to consider the
approved costs of the aforementioned project as valid and proper obli-
gations of the Central Islip Union Free School District.
S 4. This act shall take effect immediately.

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